[Federal Register Volume 67, Number 230 (Friday, November 29, 2002)]
[Rules and Regulations]
[Pages 71069-71071]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-30101]



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  Federal Register / Vol. 67, No. 230 / Friday, November 29, 2002 / 
Rules and Regulations  

[[Page 71069]]



FEDERAL DEPOSIT INSURANCE CORPORATION

5 CFR Part 3201

12 CFR Parts 308, 309, 310, 311, and 337

RIN 3209-AA15 and 3064-AC56


Agency Reorganization; Nomenclature Changes

AGENCY: Federal Deposit Insurance Corporation (FDIC).

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: This rule addresses nomenclature changes effected by a Federal 
Deposit Insurance Corporation (``FDIC'') internal reorganization order 
dated June 30, 2002. The reorganization resulted in the merger of 
several divisions and offices, the redesignation of two ``regional'' 
offices as ``area'' offices, and the abolishment of two positions in 
the former Office of the Executive Secretary (``OES''). The rule also 
addresses nomenclature changes resulting from the merger of two 
divisions by an internal reorganization order dated December 8, 1996. 
Consistent with these actions, this rule makes appropriate conforming 
changes in several of the FDIC's regulations in Title 12 and, with the 
concurrence of the Office of Government Ethics (``OGE''), in the FDIC's 
supplemental standards of ethical conduct regulation in Title 5. The 
rule also sets forth a Savings Provision in SUPPLEMENTARY INFORMATION 
that preserves, under their new names, all actions taken under the name 
of the former ``Office of the Executive Secretary'' and the former 
``Freedom of Information Act/Privacy Act (``FOIA/PA'') Unit'' of OES.

DATES: This rule is effective November 29, 2002.

FOR FURTHER INFORMATION CONTACT: Linda Keener, Ethics Program Manager, 
(202) 898-8660, Federal Deposit Insurance Corporation, 550 17th Street, 
NW., Washington, DC 20429 (Supplemental Standards of Ethical Conduct); 
Frederick L. Fisch, Senior Attorney, FOIA/PA Group, (202)736-0526, 
Federal Deposit Insurance Corporation, 550 17th Street, NW., 
Washington, DC 20429 (FOIA and Privacy Act Program); and Robert E. 
Feldman, Executive Secretary, (202) 898-3811, Leneta G. Gregorie, 
Counsel and Special Assistant to the Executive Secretary, (202) 898-
3719, Federal Deposit Insurance Corporation, 550 17th Street, NW., 
Washington, DC 20429 (all other matters).

SUPPLEMENTARY INFORMATION:

Background

    This rule implements the decision by the FDIC, through an internal 
reorganization order dated June 30, 2002, to merge OES into the Legal 
Division, thereby creating an Executive Secretary Section within the 
Supervision and Legislation Branch of the Legal Division; abolishing 
the positions of Deputy Executive Secretary and Assistant Executive 
Secretary (Ethics); and transferring program responsibility for the 
Freedom of Information Act, 5 U.S.C. 552, and the Privacy Act of 1974, 
5 U.S.C. 552a, from the FOIA/PA Unit of OES to the FOIA/PA Group of the 
Litigation Branch of the Legal Division. This rule, consistent with the 
organizational changes, makes a number of nomenclature changes in parts 
308, 309, 310, 311, and 337 of title 12 of the Code of Federal 
Regulations. Specifically, reference to the eliminated position of 
Deputy Executive Secretary is deleted, and all references to the 
``Office of the Executive Secretary,'' wherever they appear in the 
parts 308, 311 and 337, are changed to ``Executive Secretary'' or 
``offices of the Executive Secretary,'' as appropriate. Similarly, 
references to the ``Office of the Executive Secretary'' and the OES 
``FOIA/PA Unit'' in parts 309 and 310 are changed to the ``FOIA/PA 
Group'' within the Legal Division. Conforming changes also are made to: 
the addresses to which FOIA and Privacy Act requests and administrative 
appeals of responses to FOIA and Privacy Act requests are to be 
submitted; the identities of the persons to whom such requests and 
appeals are to be directed; and the telephone numbers (voice and 
facsimile) of the FOIA/PA Group.
    This rule, with the concurrence of OGE, also makes a number of 
appropriate nomenclature changes to references in the FDIC's 
supplemental standards of conduct regulation, as codified in 5 CFR part 
3201, to reflect the June 30, 2002, mergers of certain other divisions 
of the FDIC and, as a result, to change the names of the ``Division of 
Supervision'' and the ``Division of Compliance and Consumer Affairs'' 
to the ``Division of Supervision and Consumer Protection'' and the 
``Division of Insurance'' and the ``Division of Research'' to the 
``Division of Insurance and Research''. These new names more accurately 
reflect the breadth of the divisions' activities as a result of the 
reorganization.
    Moreover, this rule implements those aspects of the June 30, 2002, 
reorganization which converted the Boston and Memphis regional offices 
to area offices. Consistent with the division name changes, the 
conversion of two regional offices to area offices, and the 
aforementioned abolishment of the position of Assistant Executive 
Secretary (Ethics), this rule makes a number of changes in part 3201 by 
changing all references to ``Division of Supervision'' and ``Division 
of Compliance and Consumer Protection'' to ``Division of Supervision 
and Consumer Protection'' and ``Division of Insurance'' and ``Division 
of Research'' to ``Division of Insurance and Research'' wherever they 
appear; enlarging references to ``regional office'' to ``regional or 
area office'' wherever it appears; designating the ``Ethics Program 
Manager'' as the FDIC's Alternate Ethics Counselor in the place of the 
``Assistant Executive Secretary (Ethics)''; and clarifying the credit 
restrictions for field office supervisors and supervisory examiners in 
light of their expanded areas of responsibility as the result of the 
reorganization. Finally, the rule implements a previous FDIC 
reorganization which, on December 8, 1996, merged the ``Division of 
Depositor and Asset Services'' with the ``Division of Resolutions''. As 
a result, ``Division of Depositor and Asset Services'' is changed to 
``Division of Resolutions and Receiverships'' wherever it appears in 
part 3201.

Savings Provision

    This rule shall constitute notice that all references to the Office 
of the

[[Page 71070]]

Executive Secretary or OES in any documents, statements, or other 
communications, in any form or media, and whether made before or, with 
the exception of documents, statements, or other communications 
pertaining to the FOIA/PA Program, on or after the effective date of 
this rule, shall be deemed to be references to the Executive Secretary 
Section of the Legal Division. Moreover, any actions undertaken in the 
name of or on behalf of the Office of the Executive Secretary or OES, 
whether taken before or, except for actions related to the FOIA/PA 
Program, on or after the effective date of this rule, shall be deemed 
to have been taken in the name of or on behalf of the Executive 
Secretary Section. This rule shall constitute further notice that, with 
respect to documents, statements or other communications relating to 
the FOIA and Privacy Act program, in any form or media, and whether 
made before, on or after the effective date of this rule, all 
references to the FOIA/PA Unit within OES shall be deemed to be 
references to the FOIA/PA Group within the Legal Division. Moreover, 
any actions undertaken in the name of or on behalf of the FOIA/PA Unit 
within OES, whether taken before, on or after the effective date of 
this rule, shall be deemed to have been taken in the name of or on 
behalf of the FOIA/PA Group within the Legal Division.

Rulemaking Requirements

    1. This rule does not impose information collection and 
recordkeeping requirements. Consequently, it need not be reviewed by 
the Office of Management and Budget under the provisions of the 
Paperwork Reduction Act of 1995.
    2. The provisions of the Administrative Procedure Act (5 U.S.C. 
553) requiring notice of proposed rulemaking, the opportunity for 
public participation, and a delay in the effective date are 
inapplicable because this rule involves a rule of agency organization, 
procedure, or practice. 5 U.S.C. 553(b)(A). Further, no other law 
requires that a notice of proposed rulemaking and an opportunity for 
public comment be given for this final rule. Because a notice of 
proposed rulemaking and opportunity for public comment are not required 
to be given for this rule under 5 U.S.C. or any other law, the 
analytical requirements of the Regulatory Flexibility Act (5 U.S.C. 
601, et seq.) are not applicable. Accordingly, this rule is issued in 
final form. Although there is no formal comment period, public comments 
on this rule are welcome on a continuing basis. Comments should be 
submitted to Thomas E. Nixon, FDIC Clearance Officer, Legal Division, 
550 17th Street, NW., Washington, DC 20429, (202) 898-8766. Comments 
may be hand-delivered to the guard station at the rear of the 17th 
Street building (located on F Street) on business days between 7 a.m. 
and 5 p.m. [Fax number (202) 898-3838; Internet address 
[email protected]].

    For the reasons set forth in the preamble, the Federal Deposit 
Insurance Corporation, with the concurrence of the Office of Government 
Ethics, is amending 5 CFR part 3201, and the Federal Deposit Insurance 
Corporation is also amending 12 CFR parts 308, 309, 310, 311, and 337, 
as set forth below:

5 CFR Chapter XXII

PART 3201--SUPPLEMENTAL STANDARDS OF ETHICAL CONDUCT FOR EMPLOYEES 
OF THE FEDERAL DEPOSIT INSURANCE CORPORATION

    1. The authority citation for part 3201 continues to read as 
follows:

    Authority: 5 U.S.C. 7301; 5 U.S.C. App. (Ethics in Government 
Act of 1978); 12 U.S.C. 1819(a), 1822; 26 U.S.C. 1043; E.O. 12674, 
54 FR 15159, 3 CFR, 1989 Comp., p. 215, as modified by E.O. 12731, 
55 FR 42547, 3 CFR, 1990 Comp., p. 306; 5 CFR 2635.105, 2635.403, 
2635.502, and 2635.803.


Sec.  3201.101  [Amended]

    2. In Sec.  3201.101(b), remove the words ``Assistant Executive 
Secretary (Ethics)'' and add in their place the words ``Ethics Program 
Manager''.


Sec.  3201.102  [Amended]

    3. Amend Sec.  3201.102 as follows:
    a. In paragraph (b)(2)(ii), remove the words ``Division of 
Supervision and the Division of Compliance and Consumer Affairs'' and 
add in their place the words ``Division of Supervision and Consumer 
Protection''.
    b. In the heading of paragraph (c), remove the words ``employees 
assigned to the Division of Supervision and employees assigned to the 
Division of Compliance and Consumer Affairs'' and add in their place 
the words ``employees assigned to the Division of Supervision and 
Consumer Protection''.
    c. In paragraph (c)(1)(ii), remove the words ``regional office'' 
and ``employee's region'' and add in their place the words ``regional 
or area office'' and ``employee's region or area'', respectively, and 
remove the word ``and'' at the end of the paragraph.
    d. In paragraph (c)(1)(iii), remove the period at the end and add 
in its place a semicolon followed by the word ``and''.
    e. Add a new paragraph (c)(1)(iv) to read as follows:


Sec.  3201.102  Extensions of credit from FDIC-insured depository 
institutions.

* * * * *
    (c) * * *
    (1) * * *
    (iv) For a field office supervisor and supervisory examiner, credit 
extended by an FDIC-insured State nonmember bank headquartered outside 
the field office supervisor's and supervisory examiner's respective 
official territories of assignment through the use of a credit card on 
the same terms and conditions as are offered to the general public.
* * * * *
    f. In paragraph (c)(2), remove the words ``Division of Supervision, 
the Director of the Division of Compliance and Consumer Affairs'', 
``Division of Supervision, or the Director of the Division of 
Compliance and Consumer Affairs'', and ``Division of Supervision and 
the Division of Compliance and Consumer Affairs'' and add in their 
place the words ``Division of Supervision and Consumer Protection'', in 
each instance.
    g. In paragraph (d)(2), remove the words ``Division of Insurance'' 
and add in their place the words ``Division of Insurance and 
Research''.
    h. In the heading of paragraph (e) and in paragraph (e)(2), remove 
the words ``Division of Depositor and Asset Services'' and add in their 
place the words ``Division of Resolutions and Receiverships''.


Sec.  3201.109  [Amended]

    4. In Sec.  3201.109(a), remove the words ``Division of Supervision 
or Division of Compliance and Consumer Affairs'' and add in their place 
the words ``Division of Supervision and Consumer Protection''.

12 CFR Chapter III

PART 308--RULES OF PRACTICE AND PROCEDURE

    5. The authority citation for part 308 continues to read as 
follows:

    Authority: 5 U.S.C. 504, 554-557; 12 U.S.C. 93(b), 164, 505, 
1815(e), 1817, 1818, 1820, 1828, 1829, 1829b, 1831i, 1831o, 1831p-1, 
1832(c), 1884(b), 1972, 3102, 3108(a), 3349, 3909, 4717; 15 U.S.C. 
78(h) and (i), 78o-4(c), 78o-5, 78q-1, 78s, 78u, 78u-2, 78u-3 and 
78w; 6801(b), 6805(b)(1), 28 U.S.C. 2641 note; 31 U.S.C. 330, 5321; 
42 U.S.C. 4012a; Sec. 3100(s), Pub. L. 104-134, 110 Stat. 1321-358.


Sec.  308.102  [Amended]

    6. In Sec.  308.102(b)(2), remove the words ``Executive Secretary, 
Deputy

[[Page 71071]]

Executive Secretary or the Assistant Executive Secretary (Operations)'' 
and add in their place the words ``Executive Secretary and Assistant 
Executive Secretary''.

PART 309--DISCLOSURE OF INFORMATION

    7. The authority citation for part 309 continues to read as 
follows:

    Authority: 5 U.S.C. 552; 12 U.S.C. 1819 ``Seventh'' and 
``Tenth''.


Sec.  309.5  [Amended]

    8. Amend Sec.  309.5 as follows:
    a. In paragraph (b)(1), remove the words ``Office of the Executive 
Secretary'' and add in their place the words ``Freedom of Information 
Act/Privacy Act Group (``FOIA/PA Group''), Legal Division''.
    b. In paragraph (b)(1)(ii), remove the words ``to (202) 898-8778'' 
and add in their place the words ``to the FOIA/PA Group: (202) 736-
0547''.
    c. In paragraph (b)(1)(iii), remove the words ``By sending a letter 
to the Office of the Executive Secretary, ATTN: FOIA/PA Unit,'' and add 
in their place the words ``By sending a letter to: Legal Division, 
FDIC, ATTN: FOIA/PA Group,''.
    d. In paragraph (d)(1), remove the words ``FOIA/PA Unit, Office of 
the Executive Secretary, shall'' in the first sentence and add in their 
place the words ``FOIA/PA Group, Legal Division shall''; and, in the 
last sentence, remove the words ``Office of the Executive Secretary'' 
and add in their place the words ``FOIA/PA Group''.
    e. In paragraph (d)(2)(i), remove the words ``Office of the 
Executive Secretary'' and add in their place the words ``FOIA/PA 
Group,''.
    f. In paragraph (d)(2)(ii), remove the words ``FOIA/PA Unit'' and 
add in their place the words ``FOIA/PA Group''.
    g. In paragraph (f)(1)(x), remove the words ``Executive Secretary'' 
and add in their place the words ``FOIA/PA Group, Legal Division''.
    h. In paragraph (f)(4)(ii), remove the words ``Office of the 
Executive Secretary, FOIA/PA Unit'' and add in their place the words 
``FOIA/PA Group, Legal Division''.
    i. In paragraph (h)(1), remove the words ``Office of the Executive 
Secretary'' and add in their place the words ``FOIA/PA Group, Legal 
Division''.


Sec.  309.6  [Amended]

    9. In Sec.  309.6(b), remove the words ``Office of the Executive 
Secretary'' wherever they appear and add in their place the words 
``FOIA/PA Group''.


Sec.  309.7  [Amended]

    10. Amend Sec.  309.7 as follows:
    a. In paragraph (a), remove the words ``Office of the Executive 
Secretary'' and ``Office of Corporate Communications'' and add in their 
place the words ``Executive Secretary'' and ``Office of Public 
Affairs'', respectively.
    b. In paragraph (b), remove the words ``Office of the Corporation's 
General Counsel'' and add in their place the words ``General Counsel''.

PART 310--PRIVACY ACT REGULATIONS

    11. The authority citation for part 310 continues to read as 
follows:

    Authority: 5 U.S.C. 552a.


Sec.  310.3  [Amended]

    12. In Sec.  310.3(b), remove the words ``Office of the Executive 
Secretary, FOIA/PA Unit, Federal Deposit Insurance Corporation, 
Washington, D.C. 20429.'' in the first sentence and add in their place 
the words ``Freedom of Information Act/Privacy Act Group, Legal 
Division (``FOIA/PA Group''), Federal Deposit Insurance Corporation, 
550 17th Street, N.W., Washington, D.C. 20429.''; and, in the last 
sentence, remove the words ``FOIA/PA Unit, Office of the Executive 
Secretary'' and add in their place the words ``FOIA/PA Group''.


Sec.  310.4  [Amended]

    13. In Sec.  310.4(a), remove the words ``Office of the Executive 
Secretary, Records Unit'' and add in their place the words ``FOIA/PA 
Group, Legal Division''.


Sec.  310.5  [Amended]

    14. Amend Sec.  310.5 as follows:
    a. In paragraph (b), remove the words ``Executive Secretary'' and 
add in their place the words ``FOIA/PA Group'' in each instance.
    b. In paragraph (c), remove the words ``The Executive Secretary 
will give written notification of a reasonable period within which 
individuals may inspect disclosable records pertaining to themselves at 
the Office of the Executive Secretary'' and add in their place the 
words ``The FOIA/PA Group will give written notification of a 
reasonable period within which individuals may inspect disclosable 
records pertaining to themselves at the offices of the FOIA/PA Group''.


Sec.  310.7  [Amended]

    15. In Sec.  310.7, remove the words ``Office of the Executive 
Secretary, Records Unit, Federal Deposit Insurance Corporation, 
Washington, D.C. 20429'' and add in their place the words ``FOIA/PA 
Group, Legal Division, Federal Deposit Insurance Corporation, 550 17th 
Street, NW., Washington, DC 20429''.


Sec.  310.8  [Amended]

    16. In Sec.  310.8(a), remove the words ``Executive Secretary of 
the Corporation'' in the first sentence and the words ``Executive 
Secretary'' in the second sentence and add in their place the words 
``Senior Attorney, FOIA/PA Group'' in both instances.


Sec.  310.9  [Amended]

    17. In Sec.  310.9(a), remove the words ``Office of the Executive 
Secretary,'' and add in their place the words ``FOIA/PA Group, Legal 
Division,''.

PART 311--RULES GOVERNING PUBLIC OBSERVATION OF MEETINGS OF THE 
CORPORATION'S BOARD OF DIRECTORS

    18. The authority citation for part 311 continues to read as 
follows:

    Authority: 5 U.S.C. 552b and 12 U.S.C. 1819.


Sec. Sec.  311.4, 311.5 and 311.8  [Amended]

    19. In Sec. Sec.  311.4(e), 311.5(b)(2), and 311.8(d)(2), remove 
the words ``Office of the Executive Secretary'' and add in their place 
the words ``Executive Secretary''.

    20. In Sec.  311.8(d)(1), remove the words ``Office of the 
Executive Secretary'' and add in their place the words ``offices of the 
Executive Secretary''.

PART 337--UNSAFE AND UNSOUND BANKING PRACTICES

    21. The authority citation for part 337 continues to read as 
follows:

    Authority: 12 U.S.C. 375a(4), 375b, 1816, 1818(a), 1818(b), 
1819, 1820(d)(10), 1821f, 1828(j)(2), 1831, 1831f-1.


Sec.  337.10  [Amended]

    22. In Sec.  337.10, remove the words ``Office of the Executive 
Secretary'' and add in their place the words ``Executive Secretary''.

    Dated: November 12, 2002.

Federal Deposit Insurance Corporation.
Valerie Best,
Assistant Executive Secretary.
    Approved: November 20, 2002.
Amy L. Comstock,
Director, Office of Government Ethics.
[FR Doc. 02-30101 Filed 11-27-02; 8:45 am]
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